logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.26 2019구합33
징벌처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 30, 2016, the Plaintiff was sentenced to four years of imprisonment with prison labor in the District Court for fraud, which became final and conclusive on July 30, 2016, and was sentenced to two years of imprisonment with prison labor in the Incheon District Court for fraud, and its punishment became final and conclusive on October 27, 2017, and has been transferred to the Mapo prison until now.

B. On December 6, 2018, with respect to the Plaintiff’s transfer of KRW 300,000 to B through her mother without permission on November 28, 2018, the Simpo Correctional Institution Disciplinary Committee: (a) deemed that the act falls under Article 214 Subparag. 5-2 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Enforcement Rule of the Punishment Act”); (b) decided 16 days of imprisonment and 2 months of suspended execution; and (c) on the same day, the Defendant issued a disciplinary measure against the Plaintiff 16 days of imprisonment and 2 months of suspended execution (hereinafter “instant measure”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s act does not constitute prohibited acts under Article 214 subparag. 5 or 15 of the Enforcement Rule of the Punishment and Execution Act. Therefore, the instant disposition does not constitute grounds for such disposition.

B. The instant disposition abused discretion.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. According to Article 107 subparagraph 6 of the Administration and Treatment of Correctional Institution Inmates Act and Article 214 subparagraph 5-2 of the Enforcement Rule of the Punishment Act, a prisoner is prohibited from delivering money and valuables to another prisoner without permission or delivering money and valuables to another prisoner through a person other than the prisoner. If a prisoner violates this provision, the prison warden may impose disciplinary action on the prisoner.

In full view of the foregoing evidence evidence No. 1 and the purport of the entire argument, the Plaintiff transferred KRW 300,000 to B’s account when meeting with her mother on November 28, 2018.

arrow